by steel09 » Fri Oct 09, 2009 07:58 am
If i dont agree with the offer for general damages (pain/suffering) from the at fault insurance company, will the ins co still pay the medical bills or will i have to sue the at fault people for med bills & pain & suffering ?
Posted: Sun Oct 11, 2009 02:05 pm Post Subject:
They won't pay anything until the claim is settled, at that time you will get your 'pain and suffering' and medical bills...they cannot (or will not) pay those bills until the BI claim settles.
If you are going to sue anyone, it will be the at fault party. Their carrier will then provide a defense.
How far apart are you in the settlement negotiations?
Posted: Sun Oct 11, 2009 05:51 pm Post Subject:
Can i sue seperately in small claims court for med bills & pain/suffering ?
Posted: Sun Oct 11, 2009 05:55 pm Post Subject:
Can i sue seperately for med bills & pain & suffering ? I believe both cases would be heard at the same time by the judge.
Posted: Sun Oct 11, 2009 06:44 pm Post Subject:
You can, but do you know if the at-fault party can afford to pay you?
Posted: Sun Oct 11, 2009 07:06 pm Post Subject:
yes they can afford to pay me. Im just not sure what the judge would award me for pain/suffering. The at fault ins co offered me 3k for p&s plus will pay med bills. Is 3k enough for 7 months of pain, 15 hospital visits (10 physical therapy), headaches & mental anguish ? I am self employed (paid cash) & i cant prove loss of income.
Posted: Sun Oct 11, 2009 07:16 pm Post Subject:
Only you can answer that. Why can't you prove loss of income? I am self employed as well and I am paid in cash, sometimes. If you can't not only is that going to be difficuly, in the long run it will probably end up costing you big time in the end.
Posted: Sun Oct 11, 2009 07:37 pm Post Subject:
I actually can prove about 1k loss of income with a signed statement from one of my employers. I didnt know i could get a signed statement until after i verbally agreed to the 3k p&s settlement. The ins person didnt tell me i could get a signed statement so i told him i cant prove my income. A signed statement is legal. I did not sign the papers yet & i did email the ins person telling him i can get proof of loss of income. He replied back & said " are you not agreeing to the settlement we talked about yesterday. I feel 5k is more reasonable. I doubt it if ill get it. He was very reluctant to agree to 3k. IDK what to do.
Posted: Mon Oct 12, 2009 10:33 am Post Subject:
Can i sue seperately in small claims court for med bills & pain/suffering ?
Yes, you will be sueing the at fault party, their insurance company will represent them however. So are you the same OP that started the thread about agreeing to a settlement and now changing your mind?I guess I don't understand if 3k was fine a couple of days ago. Now you can prove 1k in loss wages, you now think the claim is worth 5k? Looks like 4k to me...remember the judge can always say, less. You'll have to decide if rolling the dice is worth it to you.
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